Would pirates jump aboard the good ship “Legitimate”?
I came across an interesting blog today from Wysiwyg, the online film distribution company, entitled The Death of Piracy, which they’d just announced in Shooting People. A bold title indeed for an interesting article, which is well worth a read if you get the chance; if anything for their brief history of internet file-sharing and online piracy that resulted, as well as the technologies being introduced and a change of thought processes within the entertainment industries required to combat it.
Where their post becomes problematic for me however is their reasoning that working with the pirates and providing them the good quality content to hock to their clientele will legitimise their activities, thereby benefiting the industries currently losing out from their illegal trade. Wysiwyg even invites contact from pirates to discuss this.
Now I’m not convinced their argument or offer is either realistic or has been fully thought through. And I’m not saying this just from of my own personal biases (see my duly noted blog, “I am a movie pirate informer” for the full story if you’re unfamiliar with it).
Firstly, piracy as we know it now will not die. We’re dealing with a hydra here; cut one head off, and another will grow in its place, I’m thinking not just in terms of physical bodies involved in piracy, but the technologies involved. The reason another head grows is that the pirate is motivated by profit, and as a result is an adaptive animal; ironically swifter to do so than the equally money-motivated but entrenched industries from which they’re pilfering. Consequently they’re keen to use whatever tools are available for them to earn that profit. If one becomes obsolete they’ll simply move onto a new, and often better, one – and how!
Next, let’s look at Wysiwyg’s proposal from a pirate’s perspective.
Legitimising means a pirate is being asked to appear on the radar of everybody in officialdom – exactly what the pirate’s been avoiding – and do all the annoying adminnie gumf that comes with running an official business, whether as a sole trader or limited company. Worse; the government will want their cut; VAT, corporation tax, national insurance, and it is precisely this that would likely dissuade many pirates from going straight. After all, they want as big a slice of the income pie from their stolen goods as possible, right?
Also, a proportion of pirates would be minnows swimming alongside, and be under the protection of, the larger sharks of organised crime. Their activities would be feeding that monster. Now while neither I, nor FACT I imagine, make the claim that all pirates are so involved (some are just small-time operations run out of someone’s bedroom), undoubtedly music, movie and program piracy is a significant income stream for criminal gangs. Considering all the other dubious pies their have their fingers in (drugs, human trafficking, illegal porn), would they put their hand up to legitimise? Unlikely.
So pirates wouldn’t respond, unless – and here’s a thought – an “incentiviser” to go legit was announced from all the relevant authorities; namely an “IP theft amnesty”, guaranteeing IP pirates immunity from prosecution for past piracy activities if they step up and promise to play by the rules. And is that likely to happen?
Finally, regarding Wysiwyg’s offer to discuss working with pirates to shift legitimately made movies legitimately, I can’t help wondering whether any pirates reading this offer might consider it a ruse; a sting operation to draw them out into the open so’s to be snared by FACT. Heck, maybe some have made contact with Wysiwyg already, but I’d be sceptical they would. Wysiwyg is welcome to tell me if I’m wrong. I’d be interested to know what arrangement they come to.
No… the solution as Wysiwyg have said themselves in their blog is that a deliberate paradigm shift in product provision is required. Firstly the affected industries must – absolutely must – listen to their consumers. This will then enable them to provide or adapt the technological platforms that allow customers to receive their puchases the way they wish when they wish, and at a price that’s right.
It is the consumers the industries should work with; not the pirates. Only that will effectively slam the door on the pirates’ access to their revenues.
At least until some new hot technology comes along…
© 2007 Julian Boote All Rights reserved.
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